Former vice chairman of the Alliance, Chow Xingtong, issued a post calling on citizens to participate in the banned June Fourth rally in 2021. She was originally convicted in the Magistrates' Court of inciting others to participate in an unauthorized assembly, but the High Court commuted her appeal and dropped her charge. Dissatisfied with the decision of the High Court, the Department of Justice applied to the Court of Final Appeal for an appeal, and the Court granted the leave today (8 December) and scheduled for a hearing on 11 November, with the Court explaining in writing the rationale for granting the leave later.
The defendant, Chow Hang-tong, was charged with inciting others to knowingly and illegally participate in unauthorized assemblies between 2021 May and 5 June 29. The police did not approve the Tiananmen party, but Chow published articles on social media and newspapers to incite others to participate in the Tiananmen campaign.
The High Court judge earlier ruled that the police order banning the assembly was unlawful, so even if Chow had called on others to assemble, it had not been unlawful, and ruled that Chow had appealed straightforward and his conviction and sentence quashed.
When Chow Xingtong was sentenced to appeal in the High Court earlier, she also responded: "Yes." (Profile picture)
The two legal disputes raised by representatives of the Department of Justice today included whether the defence could challenge the legality of the Police's decision to ban an assembly when the defendant was charged with inciting others to participate in the offence of unauthorized assembly, which was confirmed by the Public Assembly and Procession Appeal Board. If the defence can challenge the decision, how should the Tribunal deal with it.
The Court of Final Appeal found that the two disputes were significant and extensive and granted the appeal.
Case number: FAMC 2/2023
In 2021, the police did not approve the June Fourth Gala, and blocked several stadiums in Victoria Park from 2pm on the same day. (See the figure below)
Chow Hang-tong's appeal for participation in June Fourth rally was accused of incitement, and the appeal was directly dismissed Zou said: It is estimated that Chow Xingtong was accused of inciting participation in the June Fourth rally The appeal alleges that the police did not order the blockade of the Victoria Park Adjourned the ruling Chow Xingtong's appeal to participate in the June Fourth activities and found guilty of incitement The two cases have sentenced prisoners to 22 months for inciting others to assemble Chow Xingtong said that what is the crime of mourning June Fourth Trial Involving incitement to participate in the June Fourth assembly case Chow Xingtong defended himself that he only called for actions to mourn Chow Xingtong's involvement in inciting the June Fourth assembly The superintendent admitted that there was no epidemic prevention plan and denied that he had decided to reject the application earlier